PRO BONO NEWS July 2015

Why Pro Bono Matters In This Issue Sometimes, pro bono work offers an opportunity to make a profound Click on an article to jump to it. difference in an individual’s or family’s life, such as by helping a veteran Proud to Help Lead the Fight obtain long-overdue disability benefits, or securing asylum for a family for Marriage Equality fleeing persecution. page 2 In other instances, pro bono service can bring lasting benefits to Resolution of thousands, hundreds of thousands or even millions of people. Recently, City Jails Reform Case a Ropes & Gray was privileged to play a key role in three pro bono matters Pro Bono Victory with that kind of sweeping social impact. page 2 In April, Douglas Hallward-Driemeier, head of the firm’s appellate & Supreme Court practice, argued before the Supreme Court on behalf of the plaintiffs in the landmark Public Service Honored at marriage equality case that has just given our LGBT friends, family members, neighbors 12th Annual Pro Bono Awards and their families a right that should have been theirs all along. The court’s June 26 decision page 3 will go down in history with other iconic civil rights milestones and will benefit an untold Q&A: Securing Voting Rights number of people in the years to come. in A few days earlier in June, the resolution of a class-action lawsuit alleging a pattern and page 4 practice of excessive force against inmates at Rikers Island and other jails, in violation of their Eighth Amendment rights, capped one of the firm’s most significantpro New Associates Embrace bono matters. The dozens of Ropes & Gray attorneys and paralegals who worked on the Pro Bono Service case have spent three years fighting to affirm that the constitutional prohibition against cruel page 5 and unusual punishment is a right that extends to all of us, including jail inmates. Recognition Finally, the recent settlement of a Massachusetts voting rights case concluded a three-year page 6 litigation for the Ropes & Gray pro bono team involved—an effort that has already added tens of thousands of individuals to the Commonwealth's ranks of registered voters, and will Pro Bono Honor Roll ensure that many more are given the opportunity to register, in accordance with the law. page 6 While the opportunity to help others, on any scale, is the true reward of pro bono work, some pro bono service merits special recognition. I would like to congratulate Doug Hallward- Driemeier on receiving the Ropes & Gray Outstanding Pro Bono Partner Service Award for his work on the marriage equality case and numerous other pro bono matters. Congratulations are also due associate Anna Friedberg, who received the firm’s Deborah Levi Award for If you have pro bono projects Outstanding Pro Bono Service for her tireless efforts on the Rikers Island case. you would like to pursue, or want to learn more about Finally, I am pleased and proud to note that the newest members of our team, our fall 2014 available opportunities, associates, all took on pro bono matters virtually as soon as they joined the firm. These please email young attorneys, and the hundreds of other Ropes & Gray attorneys and staff who donate [email protected] their time, are doing their part to make a difference, and to uphold the pro bono tradition or contact Roz Nasdor, director that is so integral to our firm. of pro bono legal services R. Bradford Malt (80-7561), or Byrne Harrison, Chair pro bono coordinator (87-9134).

– 1 – PRO BONO NEWS July 2015

SPOTLIGHT

Proud to Help Lead the Fight for Marriage Equality The June 26 U.S. Supreme Court decision affirming the constitutional right of same-sex couples to marry in any state of the union marks a historic civil rights victory that expands our nation’s definition of equal protection under the law. Ropes & Gray is proud to have played a Douglas Hallward-Driemeier (3rd from l.) is joined on the steps of the Supreme central role in the fight for marriage equality. Court by other members of the Ropes & Gray team, including litigation counsel Justin Florence (3rd from r., BOS) and litigation associates (l. to r.) Paul Kellogg (NY), C. Thomas Brown (BOS), Douglas Hallward-Driemeier (Washington, D.C.), head of the firm’s Emerson Siegle (DC), John Dey (DC) and Joshua Goldstein` (BOS). Not shown: associate Samira appellate & Supreme Court practice, represented the plaintiffs in the Omerovic, paralegal Sophia Antzoulatos and legal executive assistant Carole Murphy (all of DC). combined marriage equality cases heard by the Supreme Court— Obergefell v. Hodges and Tanco v. Haslam. Hallward-Driemeier after the Supreme Court announced its decision. In oral arguments presented on April 28, Mr. Hallward-Driemeier argued “America is a better place because of this decision. By affirming the that the 14th Amendment requires each state to recognize a marriage constitutional rights of LGBT individuals and same-sex couples, the that was lawfully licensed and performed in another state. Mary L. court has made the rights of all of us more secure.” Bonauto, Civil Rights Project Director at Gay & Lesbian Advocates & Defenders (GLAD), also represented the plaintiffs and argued that the Resolution of New York City Jails 14th Amendment requires each state to license a marriage between two people of the same sex. The National Center for Lesbian Rights Reform Case a Pro Bono Victory (NCLR), the American Civil Liberties Union and Lambda Legal also Years of pro bono effort have culminated in the resolution of a class- represented various plaintiffs in the matter. action lawsuit in the U.S. District Court for the Southern District of New York that alleged an unconstitutional pattern and practice of excessive Ropes & Gray became involved in the cases in November, when the firm, force against inmates by the New York City Department of Correction at along with the NCLR and several Tennessee law firms, filed a petition for Rikers Island and other jails. a writ of certiorari in the Supreme Court in Tanco v. Haslam. The petition (which was prepared over just one week) was filed on behalf of three On June 22, counsel in Nunez v. City of New York advised the court same-sex couples who were lawfully married while living in other states that they had agreed upon a historic consent judgment that will and then moved to Tennessee, where their marriages were not recognized require comprehensive reforms by the New York City Department under state law. Although the district court had ordered Tennessee to of Correction. The consent judgment, filed in court on July 1 for the recognize the plaintiffs’ marriages, the Sixth Circuit reversed, 2-1. The court’s approval, will resolve a case on which dozens of Ropes & Gray Supreme Court granted the petition along with the three other marriage partners, associates, paralegals and litigation technology specialists equality cases that had been joined with Tanco before the Sixth Circuit. have spent more than 30,000 pro bono hours. Ropes & Gray and its colleagues then filed a Supreme Court merits brief Ropes & Gray’s involvement began in May 2012 when The Legal in the Tanco case in February, and a reply brief in April. Aid Society Prisoners’ Rights Project and the law firm Emery Celli The outcome in the landmark marriage equality cases represents the Brinckerhoff & Abady LLP approached the firm about partnering in the highest-profile victory in Ropes & Gray’s long, distinguished history of case. The Ropes & Gray team started discovery in the fall of 2012—an pro bono work in matters regarding LGBT issues and marriage equality. effort that ultimately encompassed more than two million pages of hard The firm has developed a reputation for assisting LGBT asylum seekers copy discovery and large-scale electronic discovery. and securing health care rights for transgender prisoners and people In December 2014, the U.S. Department of Justice intervened as a living with HIV. In partnership with GLAD, Lambda Legal and other plaintiff in Nunez on behalf of 16-to-18-year old inmates at Rikers organizations, the firm played an important role in previous efforts to Island, and attorneys with the U.S. Attorney’s Office for the Southern establish marriage equality in New York and Maryland, and to secure District of New York partnered with Ropes & Gray and co-class insurance and inheritance rights for same-sex married couples. Ropes counsel to achieve the consent judgment. Attorneys from the New & Gray also filed anamicus brief in the successful effort to establish York City Law Department represented the City and its Department marriage equality in Massachusetts, and signed onto another in the of Correction in the lawsuit. “Lawyers representing all stakeholders ultimately successful challenge to the federal Defense of Marriage Act. in the case have worked tirelessly to reach this groundbreaking “We are one very significant step closer today to fulfilling the agreement,” said litigation partner and Ropes & Gray pro bono Constitution’s promise of equal protection for all our people,” said Mr. committee co-chair William Sussman, who led Continued on page 6

– 2 – PRO BONO NEWS July 2015

Pro bono committee co-chair Bill Sussman presents the Deborah Levi Award for Outstanding Pro Bono Service to Anna Friedberg in New York.

Douglas Hallward-Driemeier (r.) receives his Outstanding Pro Bono Partner Service Award from Washington, D.C. office colleague and pro bono committee member Steve Baughman.

Public Service Honored at 12th Annual Pro Bono Awards Ropes & Gray’s 12th Annual Pro Bono Awards ceremony, held on June 3, recognized the firm’s 2014 contributions to public service and honored the work of two attorneys who exemplify the firm’s historical commitment topro bono service.

Roz Nasdor, director of pro bono legal services, opened the ceremony Partner Service Award with some impressive statistics: In 2014, approximately 1,200 Ropes & Special situations partner Jeff Katz, co-chair of the pro bono Gray professionals contributed 106,000 hours to pro bono service, with committee, presented the Outstanding Pro Bono Partner Service Award 75 percent of the firm’s U.S.-based attorneys dedicating 20 or more to appellate & Supreme Court partner Douglas Hallward-Driemeier hours to work—a new milestone for the firm. She also cited pro bono (Washington, D.C.), noting that Mr. Hallward-Driemeier was being growing pro bono momentum in the firm’s London and Asia offices. recognized “for the breadth and depth of his pro bono experience and Retired litigation partner Bill Patton, who has remained extremely commitment,” as well as for his work on high-profile cases, such as active in pro bono work since his retirement in 2007 and was named his argument on behalf of marriage equality before the U.S. Supreme “Lawyer of the Year” by the Volunteer Lawyers Project in 2012, noted Court. Mr. Hallward-Driemeier has supervised more than 25 pro bono that Ropes & Gray’s commitment to pro bono service actually extends matters involving more than 70 associates, including matters involving back to the firm’s founding 150 years ago. Prevented from joining the the New England Forestry Foundation, the National Center for Union Army in the Civil War by a physical condition, John Codman Missing & Exploited Children and whether doctors have a First Ropes provided pro bono legal services to families of the men in his Amendment right to ask patients questions related to firearm ownership brother’s regiment. Similarly, John Chipman Gray Jr. regularly provided and safety. pro bono service to educational, religious and arts organizations. In accepting the award, Mr. Hallward-Driemeier credited the exceptional work of the Ropes & Gray team on the marriage equality Deborah Levi Award case and thanked the firm for the opportunity to pursue such matters, Business & securities litigation partner Bill Sussman, co-chair of saying, “This is why I went to law school.” Ropes & Gray’s pro bono committee, presented the Deborah Levi Brad Malt, firm chair, closed the ceremony by praising the legal Award for Outstanding Pro Bono Service to government enforcement profession’s and Ropes & Gray’s long tradition of pro bono service. associate Anna Friedberg (New York). He praised her leadership He noted that he was especially proud of the firm for itspro bono skills and tireless efforts on the recently resolved Rikers Island case, “grand slam”—recognition as a Law360 “Pro Bono Firm of the Year,” a certified class action that alleged an unconstitutional pattern and and winning of The American Lawyer’s Global Citizenship Award, the practice of excessive force against inmates by the New York City American Bar Association’s Outstanding Medical-Legal Partnership Department of Correction at Rikers Island and other jails. Since Pro Bono Advocacy Award, and the American Bar Association’s Ropes & Gray became involved in the matter in 2012, dozens of National Public Service Award. partners, associates, paralegals and litigation technology specialists have collectively spent more than 30,000 hours on the case.

“While it has been a true team effort, Anna has earned the MVP award on that team,” Mr. Sussman noted as he presented the award to Ms. Friedberg, who stated, “It is a privilege and an honor to work for a firm that supports this work.”

– 3 – PRO BONO NEWS July 2015

Ken Felter Bil Davison Alexia De Vincentis Dee FitzGerald Matt Mazzotta Eugene Morgulis

After three years of litigation, Boston-based IP litigation partner Ken Felter and a Ropes & Gray team recently reached settlements with the Massachusetts Department of Transitional Assistance, the Secretary of the Commonwealth of Massachusetts, the Massachusetts Office of Medicaid, and the Massachusetts Executive Office of Health and Human Services to correct systemic violations of the National Voter Registration Act of 1993. Five associates involved with the matter share their thoughts.

Q. What have been the most rewarding experiences of the Q. What were the best lessons learned? case for you? Bil Davison: The most important lesson that I learned is the ability Bil Davison: This case has been extremely rewarding on both a to multitask and manage complex discovery matters in a short period professional and personal level. Our work made a quantifiable of time. We took over 10 depositions in a very short time period, and difference in ensuring that all people have the ability to register to vote. working together as a team to ensure that information was quickly and Based on our early work, over 30,000 individuals registered to vote efficiently shared was absolutely critical to our success in this case. prior to the 2012 election. Furthermore, our work has ensured that Dee FitzGerald: There are so many good lessons from this case. going forward, low-income individuals will receive both the opportunity One of them was learning how to think about every opportunity before and the assistance necessary to register to vote. On a professional the court as an opportunity for advocacy, even on what seem like level, this case allowed me to be involved in all aspects of large-scale, mundane issues. high-stakes, federal litigation. I had the opportunity to take and defend depositions, as well as draft federal motions. While we received full Matt Mazzotta: The thing that stands out most is the importance support in carrying out these tasks, as associates we were able to take of getting the right team in place. The lawyers who have worked on this the lead in important areas that one might not experience until more case are extremely bright and highly motivated, with a strong esprit senior at the firm. de corps.

Alexia De Vincentis: I became involved in this case almost Q. What litigation skills have you developed from immediately upon my arrival at Ropes & Gray, and I consider working on the case? myself incredibly fortunate to have done so. Working on this case Dee FitzGerald: I was able to work on my skills taking and afforded me early and frequent opportunities to develop several key defending depositions; preparing for oral arguments; drafting many practice skills, including drafting substantive pleadings, preparing different types of motions, including on dispositive issues; and thinking for and taking depositions, and negotiating settlements. What’s critically about overall litigation strategy at different stages of the case. more, I have done so while working alongside an amazing group of associates and with a partner from whom I am continually Matt Mazzotta: I took several depositions, drafted multiple motion learning, and in the context of a case that has positively impacted briefs and even argued a discovery motion before a federal district the voting rights of hundreds of thousands of Massachusetts residents. court judge. I was also able to take a lead role in litigation as a very junior associate (first- and second-year). These are opportunities that Eugene Morgulis: For me, the most rewarding aspect has been are not always available to junior associates. seeing the numbers of registered voters in Massachusetts increase dramatically since we started the litigation. I also found it extremely Eugene Morgulis: I had the opportunity to take numerous depositions, rewarding to work closely with our community organization clients, and including several that were key to our factual arguments. I also got to help them in their mission to empower people in their communities. to participate directly in negotiations with the opposing side regarding discovery disputes and settlement.

– 4 – PRO BONO NEWS July 2015

New Associates Embrace Pro Bono Service Last fall, 90 new associates joined Ropes & Gray. As part of their introduction to the firm, they learned about Ropes & Gray’s deep commitment to pro bono service. These associates took the message to heart, because all of them have already devoted time to pro bono matters. We invited six of these new associates to discuss their pro bono service.

“My pro bono work focuses on helping nonprofit “In my first six months at the firm, I have had the organizations apply for and maintain their tax-exempt opportunity to work in the areas of tax, governance, status as public charities. As a tax lawyer, I tend to securities and asylum through my pro bono experiences. choose clients that have creative ideas about what a Initially, I wanted to take on pro bono matters to gain tax-exempt organization can do. I chose to work for exposure to different areas of work, and to have higher Cambridge Action Fund because of its innovative levels of responsibility than I typically have on my use of smartphone apps to increase grassroots other matters. I want to continue to do pro bono work involvement in state and local legislation. Because for both of these reasons, but also because I enjoy a public charity can have its exempt status revoked having more frequent client contact, diversifying if it engages in too much ‘influencing of legislation,’ the work that I am doing on a day-to-day basis, and this matter has allowed me to learn and navigate an collaborating with attorneys in other practice groups area of tax law so that the client can achieve its goal throughout the firm.” —Catherine Riley (New York, Corporate) of a more participatory democracy while maintaining its exempt status.” —Nathan Anderson (Boston, Tax & Benefits)

“I was lucky enough to work on drafting an amicus brief on behalf of Lambda Legal in King v. Burwell with a great team “Within days of starting at Ropes & Gray, I became actively led by Kirsten Mayer and including Nick Perros, Nicole Cate involved in a CJA (Criminal Justice Act) panel case in the and Mike Pabian. The project was instantly attractive Northern District of Illinois. Having recently completed a because it let me do some research and writing in clerkship, I missed being in court every day. As part an exciting case, but it took on even more meaning of this team, I have not only had the opportunity to as I worked across offices with brilliant and collegial draft motions and a sentencing memorandum, but I colleagues to advocate on behalf of people living with have also attended hearings in federal court (and hope HIV, a marginalized group whose health care outcomes to speak once I am admitted to the General Bar!). could be drastically worsened by an adverse ruling. I feel Visiting with our client at the metropolitan correctional so fortunate to get such substantive skill development center is a sobering reminder that the pro bono work we and interaction with lawyers across offices so early in do directly impacts the lives of others, and I feel fortunate my career, and am so proud to work at a firm like Ropes to be able to offer assistance while gaining valuable legal & Gray that dedicates itself to such worthy causes on a experience.” —Deanna Foster (Chicago, Litigation) daily basis.” —Emerson Siegle (Washington, D.C., Litigation)

“The Revive Foods matter caught my attention because it involved helping a young entrepreneur launch her dream “As the daughter of an immigrant, the ‘American Dream’ company, a food production business that sources strongly resonates with me, so I worked on a U visa case after unwanted or rotting produce and transforms it into joining Ropes & Gray. A U visa allows undocumented healthy, edible food—starting with jams. It has been workers to obtain legal status in the United States, great working with a team of Ropes & Gray attorneys to if they are the victims of qualifying crimes and if address the multitude of legal challenges confronted they report the crimes to the police. My clients were by a start-up company, including forming a business an undocumented worker from Mexico and her two entity, navigating the state and federal regulatory children, one of whom has physical and intellectual environment, and protecting intellectual property. The handicaps. The case was rewarding, not only because representation has been a wonderful way for me to learn it could make a huge difference, but also because I about corporate law more generally, and I very much enjoy developed important legal skills, such as client interviewing contributing to a business that is out to reinvent food techniques.” —Georgina Jones Suzuki (Silicon Valley, Corporate) consumption and reduce food waste. The client has also provided the firm team with complimentary organic jam, which is a nice perk!” —Grant Garber (San Francisco, Corporate)

– 5 – PRO BONO NEWS July 2015

Continued from page 2 the firm’s involvement in the case, along RECOGNITION with government enforcement partner Christopher Conniff. “This result Access to Justice Award makes a profound statement about how parties can come together and move forward to achieve much-needed change.” Ropes & Gray has been honored with the Access to Justice Award from the Massachusetts Bar Association. The firm was recognized “The Rikers Island case illustrates the firm’s deep commitment to public for the breadth of its work, accomplishments for clients and service,” said Ropes & Gray managing partner David Chapin. “Pro dedication to pro bono service, and received the award at a May 7 bono is an integral strand of our DNA, a hallmark of the firm that is ceremony in Boston. deeply rooted in the example set by the firm’s founders 150 years ago.”

Matters that contributed to the firm’s selection for the honor include: The core Ropes & Gray team included government enforcement associates Anna Friedberg, Jessica Richheimer, Christina Bucci and • The Massachusetts Juvenile Justice Pay for Success Initiative, an Nick Rodriguez; business & securities litigation associate Paul Kellogg; innovative program aimed at reducing recidivism among young men and litigation associates Lazar Sterling-Jackson, Claire Leonard, John in the probation system or exiting the juvenile justice system. Ivey Eagles, Liz Bierut and Caitlin Giaimo (all of New York). A team that • R opes & Gray’s longstanding collaboration with Medical Legal provided invaluable assistance prior to the case’s resolution included Partnership | Boston to staff a legal clinic at the Dorchester House government enforcement partner Amanda Raad (London); business & Multi-Service Center (Dot House), a community health care center. securities litigation associates Lisa Coyle, Joe Cleemann (both of New York), David Partida (San Francisco) and Karen Oddo (Hong Kong); National MLP Advocacy Award government enforcement associates Stephanie Busalacchi (London), In recognition of the firm’s longstanding medical-legal partnership Alex Punger, Jon Daniels, Terri-Anne Segovia Caplan, Helen Gugel, with the Dorchester House Multi-Service Center (Dot House), the Moira Hare, Michael Jo, Jahmila Williams (all of New York), Jennifer American Bar Association’s Standing Committee on Pro Bono Pantina (Boston), Elizabeth Centeno Lopez, Caleb Dulis (both of and Public Service honored Ropes & Gray with the Outstanding Washington, D.C.) and Paul Cohen (San Francisco); litigation associates Medical-Legal Partnership Pro Bono Advocacy Award. Established Lauren Modelski, Sara Perkins Jones (both of Boston) and David at Dot House in 2008, the medical-legal partnership has Bright (New York); and tax & benefits associateDenise Sohn (New delivered more than 49,000 hours of pro bono legal services York). Invaluable support was provided by e-discovery attorney Emily to low-income and immigrant clients. More than 500 Ropes & Cobb; senior litigation paralegal Puri Camu (both of New York); litigation Gray partners, associates, summer associates, paralegals and paralegals Peggy Burns, Deliah Moguel (both of New York) and staff have leveraged expert mentorship from local legal service Kai Okamura (Hong Kong); litigation support senior analyst Clarise providers to serve more than 250 patient-families on more than Jorgensen–Chichizola (San Francisco); litigation support analysts Gio 300 distinct legal matters in five MLP practice areas: housing/ Arzan and Andrew Casas; legal executive assistants Michelle Waldo, utilities, immigration, education, public benefits and family law. Maria Palazzolo, Lorraine VanLuvender and Matt Carle (all of New Roz Nasdor, director of pro bono legal services, and government York); and former paralegals Irina Jarova and Julieta Cadatel. enforcement associate Terry Iandiorio (Boston) received the award from the ABA on April 9 in McLean, Va. Pro Bono Honor Roll Lawyers’ Committee Honors San Francisco To date, 430 Ropes & Gray attorneys and more than 40 staff members Family Asylum Team have performed 20 or more hours of pro bono service during 2015. Two current Ropes & Gray attorneys and two former firm associates Congratulations to all of them. Click here to view the attorney list. Click were honored with the Father Cuchulain Moriarty Award by the Lawyers’ here to view the staff list. Committee for Civil Rights of the San Francisco Bay Area (Lawyers’ Committee). The award recognizes the pro bono contributions of attorneys assisting the Lawyers’ Committee Asylum Project. Pro Bono Committee Business & securities litigation partner Rocky Tsai and government Jeffrey R. Katz, Co-Chair Kendi E. Ozmon enforcement associate Paul Jay Cohen (both of San Francisco), William I. Sussman, Co-Chair Lowell A. Segal as well as former Ropes & Gray associates Annie Esser and Idin J. Steven Baughman Stephen A. Warnke

Kashefipour, shared the award as members of the LL Family Asylum Gregory C. Davis Rosalyn Garbose Nasdor Team. The team received the award, presented on Jan. 23 at the Christopher G. Green Director of Pro Bono Legal Services Lawyers’ Committee’s 28th annual Dr. Martin Luther King Jr. Awards Douglas H. Hallward-Driemeier Byrne R. Harrison Luncheon, for its work on behalf of a mother and son who fled their Pablo D. Hendler Pro Bono Coordinator home country and sought protection in the United States. Laura G. Hoey

– 6 –